What does an Injunction mean?
While they are not considered criminal, Injunctions have very much the same consequences as criminal cases. Injunctions are designed to prevent someone from doing something or coming into contact with another person. There does exist the possibility of this process being abused, and it is highly advised that you speak with Attorney Madeline if you are ever involved in an injunction.
While different things must be shown for each kind of injunction, the standard is the same for all six. The petitioner (the one asking for the injunction) must demonstrate to the court by competent substantial evidence that the requisite violence occurred.
Judges (not juries) decide whether to issue an injunction or not. If the petition for an Injunction is properly filled out and the contents are sufficient to meet the standard, a Judge will order a temporary injunction and order a final injunction hearing date be set as soon as possible. In the meantime, the respondent cannot have any contact with the petitioner and must abide by any other orders the judge included in the temporary injunction – such as not allowing the respondent to return home, or ordering the respondent to continue to pay to support the petitioner (and children, where applicable).
Here is basically how it works:
The petitioner files an injunction with the court against the respondent.
Petitioner = the person seeking protection from the court.
Respondent = the person who allegedly committed (or threatened to commit) violence.
There are six (6) different types of Injunctions in Florida:
- Domestic Violence: Domestic Violence includes acts of assault, battery, kidnapping, stalking, false imprisonment or any criminal act that causes physical injury or death to a family or household member against another family or household member.
- Repeat Violence: A petitioner may file a Repeat Violence Injunction if there are two instances of stalking or violence, one of which happened within six months of filing the initial petition. The violence must have been inflicted upon the petitioner or a member of his or her immediate family.
- Sexual Violence: Sexual Violence includes lewd acts against children as well as acts of sexual battery and committing or attempting to commit sexual acts as part of a forcible felony. There does not have to be an ongoing criminal case for this injunction to be pursued. This injunction can also be sought even if a case was dismissed.
- Dating Violence: Dating Violence refers to violence that occurs between those who had or have an ongoing intimate or romantic relationship. If the relationship no longer exists, the dating relationship must have been in place for at least six months prior to the filing of the injunction.
- Stalking: Stalking refers to intentional, malicious and repetitive harassment or following. A victim of stalking may file a Stalking Injunction. In Florida, stalking also includes cyberstalking, which is the direct communication with a person through an electronic means (i.e., texting or emailing) for a purpose that is not legitimate and that results in serious emotional distress to the victim.
- Exploitation of a Vulnerable Adult: The requirements of an injunction for the exploitation of a vulnerable adult is covered in Florida Statute 825.
Violation of Injunctions:
If you have been accused of violating a temporary or permanent injunction, the consequences are extremely harsh and can face serious consequences, including criminal charges. Courts are unsympathetic towards those that violate
injunctive orders, regardless of the facts and circumstances of the case. Even if you were wrongfully accused and/or feel that the terms of the injunction are unfair, it is critical that you abide with its terms. Contact Attorney Madeline today to potentially improve your chances of a positive outcome in your case. Attorney Madeline can help safeguard your legal rights and interests. Do not wait; contact Attorney Madeline now!